Colorado Inmate Red Flags Sheriff

by
posted on April 6, 2020
steve_reams.jpg

Photo: Weld County Sheriff's Office; photo manipulation: A1F staff.


An inmate in a Weld County, Colo., prison filed a “red-flag” petition in February against the sheriff in charge of the facility, Steve Reams. The inmate claimed the deputies working at the prison were intimidating the inmates in their “residence” by carrying shotguns.

A judge immediately dismissed the inmate’s petition, but the flagged sheriff, who has been an outspoken opponent of the new law, said the incident further proves how problematic it is.

“I would argue the system failed because this inmate was able to exploit the legislation’s loose definition of a ‘household’ to levy the petition in the first place,” Sheriff Steve Reams (R) said in a news report.

Colorado’s red-flag law, called Extreme Risk Protection Orders (ERPO), became effective Jan. 1, and allows members of a person’s family or household, as well as law enforcement, to petition a judge to temporarily remove a person’s firearm. The petitioner must indicate the reasons they believe the person is a threat to themselves or others, and indicate they believe the person to have access to a firearm. A judge must determine by a “preponderance of the evidence” whether these claims are likely, and issue a temporary ERPO if so. Only once the temporary ERPO has been issued is the respondent notified. They must immediately surrender any firearms, along with their concealed carry license if they have one. The surrender may be voluntary, or if law enforcement was involved in the petition, may involve a search of their home.

A hearing is held within 14 days after the issuance of a temporary ERPO to determine if it will be extended to 364 days. The red-flagged person must then prove by “clear and convincing evidence” that they are not a threat to themselves or others. It is notable that there is a higher burden of proof and that the respondent must attempt to prove a negative (in effect, that they are innocent). It is hard to imagine what possible evidence could be offered that would meet this standard and prove that someone is not a threat.

Sheriff Reams made national news after the red-flag law was proposed by stating that he would not enforce it and, in fact, would go to jail to protect his constituents’ Second Amendment rights if he deemed it necessary. Reams emphasized in interviews that other state laws are already in place to help in cases where someone might be a danger to themselves or others. Several other sheriffs in Colorado also opposed passing the ERPO law.

“I know that some people don’t agree with my view of [the ERPO law] and have told me that I may have lost their support,” Reams said in a Facebook post. “While I understand each person’s choice to disagree with me, my response to those individuals is this: I’m not comfortable giving up the fight for their constitutional rights in exchange for their vote/support.”

Latest

col_7485.jpeg
col_7485.jpeg

Data Shows Gun Ownership Growing in America

Gun ownership throughout America is continuing to grow, according to recent poll data.

Gun Review: Girsan MC P35

The Hi Power is a classic that didn’t get much updating in its heyday. Girsan has brought it up to 21st century standards.

Why It’s Hard To Be A Young Competitive Shooter These Days

Some of the top young adults in the shooting sports give their thoughts on the impact of programs for youth.

Ministry of Disarmament:

Joe Biden has created a special White House bureaucracy to put gun-control advocates on the federal payroll and to leverage the full power of the government to expand his prohibitory ambitions.

Do Gun-Control Groups Want to Redefine the Definition of “Adult”?

Gun-control groups and the the politicians they support are utilizing a divide-and-conquer strategy to enact their agenda.

The Armed Citizen® November 24, 2023

True stories of the right to keep and bear arms.

Interests



Get the best of America's 1st Freedom delivered to your inbox.